20150646 Ver 1_119451_401CertApproval_27Aug2015_20170613

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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Ms. Kristi Suggs
Michael Baker Engineering, Inc.
5550 Seventy-Seven Center Dr. Ste. 320
Charlotte, NC 28217
Donald van der Vaart
Secretary
August 27, 2015
DWR# 15-0646
Mecklenburg County
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
University Pointe Blvd.
Dear Ms. Suggs:
You have our approval, in accordance with the General Certification and those conditions
listed below, for the purpose proposed in your application dated June 29, 2015, and received by
the Division of Water Resources (the Division) on June 29, 2015 and subsequent information on
August 21, 2015. After reviewing your application, we have determined that this project is
covered by Water Quality General Certification Number 3886 which can be viewed on our web site
at http://portal.ncdenr.orq/web/wa/swp/ws/401. The General Certification allows you to use
Nationwide Permit Number 14 once it is issued to you by the U.S. Army Corps of Engineers (COE).
Please note that you should get any other federal, state or local permits before proceeding with
your project, including those required by (but not limited to) Sediment and Erosion Control, Non-
Discharge, and Water Supply Watershed regulations.
The above noted Certification will expire when the associated 404 permit expires unless
otherwise specified in the General CeRification. It is advised that all conditions of the Certification
are reviewed prior to initiation of the project. In addition to the requirements of the Certification,
you must also comply with the following conditions:
This approval is only valid for the purpose and design that you described in your
application. If you cha�ge your project, you must notify us in writing, and you may be
required to send us a new application for a new Certification. If the property is sold, the
new owner must be given a copy of the Certification and approval letter; and is thereby
responsible for complying with all conditions. 15A NCAC 02H .0506 and 15A NCAC 02H
.0507(c)
2. The Mooresville Regional Office shall be notified in writing once construction at the
approved impact areas has commenced. 15A NCAC 02H .0502 (e)
3. Approved Impacts:
Type of Impact Amount Approved Amount Approved
Temporary Impact Permanent Impact
Stream relocation 3191inearft. 2421inearft.
Wetland 0 acre 0 acre
Mooresville Regional Offce, 610 East Center Avenue, Mooresville, North Carolina 28155
Phone: [phone] Intemet: www.ncdencgov
An Equal Opportuniry 4 Aifirmative Action Employer— Matle in part by recycled paDer

DWR# 15-0646
4. Diversion Ditches and other storm water conveyances as related to the sediment and erosion
control measures shall be matted and/or stabilized to reduce sediment loss and turbidity. This
includes interior/exterior slopes of sediment basins. 15A NCAC 02H .0506 (b)(3) and (c)(3)
5. Bare/fill slopes in excess of 10-feet in height and within 30-feet of surface waters shall be
matted immediately upon completion. 15A NCAC 02H .0506 (b)(3) and (c)(3)
6. Stormwater discharge structures at this site shall be constructed in a manner such that the
potential receiving streams (of the discharge) will not be impacted due to sediment
accumulations, scouring or erosion of the stream banks. 15A NCAC 02H .0506(b)(5)
7. Use of native vegetation and other soft stream bank stabilization techniques is recommended
where practicable instead of riprap or other bank hardening methods. If riprap is necessary, it
shali not be placed in the streambed, unless approved by DWR
8. Mitigation [15A NCAC 02H .0500(h)] must be provided for the proposed impacts as specified
in the table below. The Division has received notification/acceptance from the City of
Charlotte Umbrella Stream and Wetland Mitigation Bank to meet this mitigation requirement.
Until the City of Charlotte receives and clears your payment, and proof of payment has been
provided to this O�ce, no impacts specified in this Authorization Certificate shall occur. For
accounting purposes, this CeRification authorizes payment to meet the following
compensatory mitigation requirement:
Compensatory Mitigation River and Sub-basin Number
Required
Stream 179 (feet) Catawba (03040105) 1:1 retio
Wetlands 0 (acres)
9. During the construction of the project, no staging of equipment of any kind is permitted in
waters of the U.S., or protected riparian buffers. 15A NCAC 02H .0506(b)(3)
10. A turbidity curtain is required in the stream if driving or drilling activities occur within the
stream channel, on the stream bank, or within 5-feet of the top of bank. This condition can be
waived with prior approval from the NCDWR. 15A NCAC 02H .0506(b)(3)
11. The Permittee shall ensure that the final design drawings adhere to the permit and to the
permit drawings submitted for approval. 15A NCAC 02H .0507 (c) and 15A NCAC 02H
.0506 (b)(2) and (c)(2)
12. All mechanized equipment operated near surFace waters must be regularly inspected and
maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids,
or other toxic materials. 15A NCAC 02H.0506(b)(3)
13. No rock, sand or other materials shall be dredged from the stream channel except where
authorized by this Certification. 15A NCAC 02H.0506(b)(3)
14. The permittee shall report any violations of this CeRification to the Division of Water
Resources within 24 hours of discovery. 15A NCAC 02H .0507(c)

DWR# 15-0646
15. The issuance of this Certification does not exempt the permittee from complying with any and
all statutes, rules, regulations, or ordinances that may be imposed by other government
agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to
applicable buffer rules, stormwater management rules, soil erosion and sedimentation control
requirements, etc.
16. Upon completion of the project, the applicant shall complete and return the enclosed
"Certificate of Completion" form to the 401/Wetlands Unit of the Division. 15A NCAC 02H
.0507(c)
This Certification can be contested as provided in ARicles 3 and 4 of the General Statute
150B by filing a written petition for an administrative hearing to the Office of the Administrative
Hearings (hereby known as OAH). A petition form may be obtained from the OAH at
httq://www.ncoah.com/or by calling the OAH Clerk's O�ce at [phone].
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the
OAH. A petition is considered filed when the original and one (1) copy along with any applicable
OAH filing fee is received in the OAH during normal office hours (Monday through Friday, 8:00 am
to 5:00 pm, excluding state holidays).
The petitions may be faxed to the OAH at [phone], provided the original and one (1)
copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission. Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS. FedEx, etc.)
Office of Administrative Hearings
1711 New Hope Church Rd.
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served on DENR as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review by the Division under Section 401 of the Clean Water Act.
If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office
at 704-663-1699 or Ms. Karen Higgins in the Central Office in Raleigh 919-807-6360.
Sincerely, `
�� �� ��
Michael L. ParkeG"�, R g onal Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DENR
Attachments
cc: Army Corps of Engineers, Asheville
Karen Higgins, Wetlands Unit
MRO, Land Quality

CERTIFICATE OF COMPLETION
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
DWR# 15-0646
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to retum this certificate to the 401
Transportation Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. This form may be returned to NCDWR by the applicant, the applicanYs
authorized agent, or the project engineer. It is not necessary to send ceRificates from all of these.
ApplicanPs Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature:
AgenYs Certification
Date:
I, , hereby state that, to the best of my abilities, due caze and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality CeRification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature:
Engineer's Certification
Partial Final
Date: ,
I, , as a duly registered Professional Engineer in the State of
North Cazolina, having been authorized to observe (periodically, weekly, full time) the construction of the
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Cer[ification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature Registration No.
Date